ColdStone

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About ColdStone

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  1. Thank you guys for the advise! I REALY appriciate it! I want to strike the affidavit and well, everything as hearsay, would I do that 1st? and then File a motion to Dismiss? Also I've seen this mentioned several time on other threads, while I know everycase is different.. seems like a fair guide to things. yes?
  2. It was not my original Intent to go the Arbitration route, not to say that I have not looked into it. I was going to fight the "Statement of account", the Affidavit, and the iffy "Bill of sale" as hearsay based on what I have read here and here However now that the court has forced this arbitration... I am confused (more so than befor) and I am second guessing myself. The way I am reading this I now have 60 days to file my MTD/MTS or any other motion or it will be forced to Arbitration?
  3. Ok, Filed and answer, the NEXT day this is the reply that I have gotten from the court. Dear Counselor and Litigant: The Court has received the defendant answer. Since the defendant has appeared in person as self-represented and this matter involves a cause of action in the sum of $6,000.oo or less, this action shall be referred to Arbitration in accordance with 22 NYCRR Part 28 and pursuant to the provisions of UCCA 1301. Prior to referring the action to arbitration, however, the parties shall have sixty (60) days from the date of this letter to file any motions with the Court. Should the period of sixty (60) days pass without the Court receiving any motions from the parties, this action will them be referred to Arbitration and further motion practice will be precluded. Very truly yours, Anthony J. Mancino Chief Clerk Wondering how I should proceed.... I was going to file a motion to dismiss, however I am wondering with this letter if I should move forward with a insistence for JAMS arbitration... Thoughts?
  4. Shellieh, Yes thank you I have been and they gave a short "free civil court forum" and have an acceptable defense list of which I used. Based on some of the other Anserws I have read and what they provided This is what I have crafted for my Answer. Let me know what everyone thinks and if I should change something. I hope the format sticks. Thanks everyone. STATE OF NEW YORK CITY COURT CITY OF ALBANY COURT PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, -against- ColdStone Defendant. Defendant, ColdStone (hereinafter “Defendant”), appearing pro se, answers the Complaint naming Portfolio Recovery Associates, LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Compaint(s). All allegations of the Complaint(s) are denied unless expressly affirmed herein. Defendant is without knowledge or information to validate this claim or to form a belief as to the truth of this allegation. AFFIRM Defendant is without knowledge or information to validate this claim or to form a belief as to the truth of the allegation. Based on lack of information, Defendant denies the allegation and leaves the plaintiff to provide proof. Defendant demands strict proof thereof. The Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation as it is written. Defendant is without knowledge or information to validate this claim or to form a belief as to the truth of the averment. Based on lack of information, Defendant denies the allegation and leaves the plaintiff to provide proof. Defendant demands strict proof thereof. Defendant denies the allegation and leaves the plaintiff to provide proof. Defendant demands strict proof thereof. Wherefore the Defendants DEFENSES are as follows: Defendant claims No business relationship with the plaintiff as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. Defendant claims a General Denial, as there has never been an exchange of any type between the plaintiff and the Defendant. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date VERIFICATION State of New York, County of ___________________ss: _____________________________, being duly sworn, deposes and says: I have read the Answer in Writing and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as tothose matters I believe them tobe true. Sworn to before me this ____ day of ________, 20____. ____________________________________________ Signature of Defendant ____________________________________________ Notary/Court Employee ____________________________________________ Defendant’s address This case is scheduled to appear on the calendar as follows: Date:____________ Part:_______ Room:______Time:______ Both sides notified:______________
  5. How to answer 1 of the summons questions. Basicaly my sommons (cliff notes version) 1) PRA is a Dellaware LLC authorised to operate in NY and a base of opperation in VA 2) My Address 3) PRA purchased My Debt 4) reassert 1 - 3 5) Statement that I owe PRA 6) Statement that I will pay legal fees --- My Answers: 1) The defendant dose not have sufficent knowledge or information to know wheather the statement is true or false. 2) Affirm 3) Deny 4) ?? 5) Deny 6) Deny How would one answer #4? I assume I could break it up? i.e. 4) a) Cannot affirm nor Deny (See answer #1), Affirm, c) Deny Thoughts?
  6. OK, I would like to as the saying goes keep everything on the table, Atfer much thought and reading I think I am going to go the route of Answering (Generaly denial) and filing a motion to dismiss, on the basis that A) the "Statement of Account" is nothing more that a PRA generated docuent (hearsay) the "Affidavit" is again nothing more that a PRA generated document signed by another PRA employee C) the "Bill of sale" doesn't seem compete or leagal (looking for legalese here) as stated above I have 3 copies of the same "Bill of Sale" (each with a space for 6 signatures, 1st has 3 signatures (from same person) & 3 Blank Spaces and is not dated, 2nd has 1 dated signatures (5 blank spaces), and the 3rd has 2 dated signatures (4 blank spaces) Thoughts?
  7. Thank you, Trying to find when/where I file the arbitration, I have been and will continue to read this. It seems like a good tool to use.
  8. I am new to all of this, I have started reading and Ill admit I am confused. I seek guidance, basically where to start. I know that I need to "answer" the summons but as to the how and what to say currently escape me. I am hopeful the with your guidance and my own research I will be able to navigate through this storm. On to the Questions, 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Unknown, Signed by a "Catherine M. Hedgeman, Esq" Dated 9/30/2013 This looks them: http://www.hedgemanlaw.com/ 3. How much are you being sued for? $1200.00+ 4. Who is the original creditor? (if not the Plaintiff) GECRB/Amazon 5. How do you know you are being sued? (You were served, right?) Wife was served the summons (for me) 6. How were you served? (Mail, In person, Notice on door) Summons served in person (to my wife as stated) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes - Called Court to confirm summons 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? New York State, Albany County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Feb. 13th 2012 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Feb. 13th 2018 (6 Years in NYS) 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons only, no Motions filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No & No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 20 days to answer the summons 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. "Statement of Account", a Notarized Affidavit, a Certificate of Conformity, and 3 copies of the same "Bill of Sale" (each with a space for 6 signatures, 1st has 3 signatures (same person) and not dated, 2nd has 1 dated signatures, and the 3rd has 2 dated signatures) Thank you all in advance. C